The Supreme Court of Canada has reduced the sentence of an Edmonton man who accidentally drove his car into a restaurant patio in 2013, killing a two-year boy.

Richard Suter was initially sentenced to four months in jail after pleading guilty to refusing to provide a breath sample following a fatal accident, but an appeal court raised that to 26 months.

Suter served more than 10 months before being released pending his appeal to the Supreme Court.

The high court has lowered his sentence to time served, while upholding a 30-month driving ban.

Suter refused to provide a breath sample on the erroneous advice of a lawyer.

Following his conviction, Suter was kidnapped by a vigilante who sliced off his thumb.

The kidnapper was convicted and sentenced to 12 years.

Suter testified that he mistakenly hit the gas instead of the brake. The trial judge found he was not impaired at the time of the crash.

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The Canadian Press

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